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Car accidents are disruptive and stressful even in the best of circumstances. When your injuries are severe, a crash can change your life forever.
When another driver was at fault for the crash, they could be liable to pay compensation for your injuries. Contact an Edmonton car accident lawyer immediately for help. To receive appropriate compensation, it is critical to get legal counsel from a skilled personal injury lawyer before settling your claim with an insurance adjuster.
Injuries from car accidents can range from relatively minor up to catastrophic. However, even when someone walks away from a crash feeling okay, significant injuries may become apparent later.
Getting a complete medical examination immediately after the accident is crucial. The healthcare professional can screen for likely injuries and advise the accident victim about important symptoms to watch out for and steps to take if certain symptoms occur. Prompt medical attention increases the likelihood of a physical recovery and generates a medical record tying the individual’s injuries to the crash.
It may be unclear at the beginning how well some injuries will heal. Fractures and injuries to the back, head, and neck sometimes do not heal completely and the accident victim is left with lingering symptoms and disabilities. The injured person should work with an auto collision lawyer in Edmonton to avoid accepting a settlement that fails to contemplate the possible long-term impact of the crash.
In many cases, a legal representative can negotiate an acceptable settlement with the insurance adjuster that provides appropriate compensation to the injured person. When settlement negotiations fail, a lawsuit may be necessary. Filing a Statement of Claim begins that process, and it must occur within two years of the accident date.
Anyone bringing a lawsuit seeking compensation for personal injuries must prove someone else was negligent. In the context of a motor vehicle accident, the injured party must prove that:
When police lay charges against the other driver or issue a citation, it is evidence of negligence, but not proof.
An Edmonton lawyer can investigate the crash to find persuasive evidence of negligence by reviewing the police report, witness statements, available video evidence, and any other relevant information. Sometimes hiring a private investigator or accident reconstruction expert is necessary. Proof that the driver’s negligence lead to the claimant’s injuries should trigger liability to pay compensation.
Damages are the losses an injured person suffered due to an accident. The negligent party has a responsibility to compensate the injured person’s pecuniary and non-pecuniary losses.
Pecuniary damages are those that are easily documented or estimated, such as uncovered medical expenses, lost wages, and the expense of household help while recovering from the injury. Non-pecuniary damages compensate for the subjective impact of the accident, including pain, suffering, and loss of life’s pleasures. When determining non-pecuniary damages, the claimant’s age, the impact of their injuries on their lifestyle, and the damage awards issued to others in similar circumstances are all relevant.
Alberta Regulation 123/2004, known as the Minor Injury Regulation, caps the non-pecuniary damages an injured person in Edmonton could collect if they suffered only minor injuries in a car accident. Minor injuries for the purposes of this regulation include sprains, strains, whiplash-associated disorder (WAD), and the physical and psychological sequelae arising from these injuries.
These soft tissue injuries do not fit within the definition of minor injuries if they lead to substantial impairment. In addition, WAD that presents with clinically relevant neurological symptoms or a spinal fracture or dislocation is not a minor injury for the purpose of this rule.
As of January 1, 2024, the cap was set at $6,061. A skilled Edmonton lawyer can often present a car accident victim’s injury as outside the scope of the regulation, which usually results in significantly higher amounts of compensation.
Car accident claims are complicated, and the insurance company on the other side of the negotiating table are professionals at settling claims for as little as possible. You can spare yourself stress and level the playing field by working with an Edmonton car accident lawyer.
Allow the Zacharias Vickers & McCann team to manage your car accident claim. Get in touch today for a free case evaluation.